Australian Capital Territory Numbered Regulations

PLANNING (GENERAL) REGULATION 2023 (NO 20 OF 2023) - REG 100

    (1)     A lessee may apply to the territory planning authority for a reduction or waiver of a noncompliance fee if—

        (a)     the lessee is an individual; and

        (b)     any of the following reasons (a hardship reason ) apply:

              (i)     the lessee, or someone on whom the lessee is financially dependent, has a medical condition that prevents full-time employment;

              (ii)     the lessee, or someone on whom the lessee is financially dependent, is unemployed;

              (iii)     the lessee, or someone on whom the lessee is financially dependent, is bankrupt or personally insolvent;

              (iv)     someone on whom the lessee is financially dependent has died;

              (v)     an unforeseen major event outside the lessee's control happened after the lessee was granted the lease, and the event has had a demonstrable effect on the lessee's ability to develop the land described in the lease.

Examples—unforeseen major event

1     a bushfire

2     large increase in interest rates

    (2)     However, a lessee may not apply for a reduction or waiver of a noncompliance fee—

        (a)     in relation to multiple incomplete works at a time; or

        (b)     if the lessee has received a reduction or waiver of a noncompliance fee for a hardship reason in relation to another lease within 5 years of making the application.

    (3)     The application must be in writing and be accompanied by evidence of the hardship reason.

    (4)     In this section:

"medical condition" includes a physical or mental illness or disability.